In the judgment in Case C-214/16 Conley King v The Sash Window Workshop Ltd and Richard Dollar given on the 26 November 2017 the ECJ said that A worker must be able to carry over and accumulate unexercised rights to paid annual leave when an employer does not put that worker in a position in which he is
able to exercise his right to paid annual leave.

EU law precludes the requirement that a worker must take leave before establishing whether he has the right to be paid in respect of that leave.

ECJ Case C-214/16 Conley King v The Sash Window Workshop Ltd and Richard Dollar - Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Organisation of working time — Article 7 — Allowance in lieu of annual leave paid on termination of the employment relationship — National legislation requiring a worker to take his annual leave without the remuneration in respect of that leave being established - Holiday pay - Gig economy - Workers | Working rights